Filed: Feb. 28, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-1922 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Todd K. Boyd lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: February 19, 2018 Filed: February 28, 2018 [Unpublished] _ Before GRUENDER, MURPHY, and SHEPHERD, Circuit Judges. _ PER CURIAM. Todd Boyd directly appeals the sentence the district court1 imposed
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-1922 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Todd K. Boyd lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: February 19, 2018 Filed: February 28, 2018 [Unpublished] _ Before GRUENDER, MURPHY, and SHEPHERD, Circuit Judges. _ PER CURIAM. Todd Boyd directly appeals the sentence the district court1 imposed ..
More
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-1922
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Todd K. Boyd
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: February 19, 2018
Filed: February 28, 2018
[Unpublished]
____________
Before GRUENDER, MURPHY, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Todd Boyd directly appeals the sentence the district court1 imposed after he
pleaded guilty to drug offenses, pursuant to a plea agreement containing an appeal
1
The Honorable Greg Kays, Chief Judge, United States District Court for the
Western District of Missouri.
waiver. His counsel has filed a brief under Anders v. California,
386 U.S. 738 (1967),
arguing that Boyd’s sentence is unfair and unreasonable. Boyd has filed a pro se brief
echoing his counsel’s argument. He also has filed a motion requesting appointment
of new appellate counsel.
Upon careful review, we conclude that the appeal waiver is valid, applicable,
and enforceable. See United States v. Scott,
627 F.3d 702, 704 (8th Cir. 2010)
(reviewing de novo the validity and applicability of an appeal waiver); United States
v. Andis,
333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (stating that an appeal waiver
will be enforced if the appeal falls within the scope of the waiver, the defendant
knowingly and voluntarily entered into the plea agreement and waiver, and enforcing
the waiver would not result in a miscarriage of justice). Having independently
reviewed the record pursuant to Penson v. Ohio,
488 U.S. 75 (1988), we find no
nonfrivolous issues outside the scope of the appeal waiver. Accordingly, we dismiss
this appeal, and we deny Boyd’s motion for appointment of new counsel.
______________________________
-2-